How long til we're evicted?? - Landlord Forum thread 353762

How long til we're evicted?? by Anonymous (Florida) on August 10, 2017 @20:02

Didn't pay rent due to AC not working properly. Notified mgmt on 7/29. It's not working properly. Spoke apt manager on 8/2 explained why she said we would still get 3 day notice. Told her not paying til fixed. I went to place work order online again for AC & noticed there was work orders placed saying "Inspect & Make Ready". Does this mean their going to try & evict? If so how long does it take??

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Re: How long til we're evicted?? by Anonymous on August 10, 2017 @21:24	[ Reply ]

Pay the rent.

Re: How long til we're evicted?? by Garry (Iowa) on August 10, 2017 @22:53	[ Reply ]

You may have a beef with your management company, but THIS IS NOT THE WAY TO GO ABOUT IT ! PAY THE RENT, NOW, and then look up on line, your state's LL/T laws regarding your situation. You may have to serve your LL certain papers to fix the air, or it's possible your laws say you can have it repaired, at your initial expense, and THEN deduct the cost off of future rent. But doing it the way you are doing it, is a sure way to get evicted. Learn the LL/T laws FIRST, and then FOLLOW THEM.

Pay the rent by Anonymous on August 11, 2017 @00:29	[ Reply ]

An eviction will stay on your credit report forever. Is that what you want dogging you for time and all eternity?

Re: How long til we're evicted?? by Anonymous (FLA) on August 11, 2017 @08:34	[ Reply ]

here we go again ---- tenants asking this forum for advice on how to be wise guys and get away with it. as a courtesy,.....here's the deal on ''FLORIDA'' -- typically, air conditioning IS NOT required to be furnished by code or law. By practice, most properties (other than really low, low end,...will have a/c. whether it's tenant or LL responsibility to maintain / repair / replace should be spelled out in your lease. START THERE i'd also check circuit breaker(s) air filter and leave everything completely off for 24 hours to defrost if it possibly froze up,....then try turning back on. or perhaps,....you really just want to move anyway and are just trying to scam some free rent time. you could also call one or two ac service companies for a 50 or 75 estimate to give to LL.

Re: How long til we're evicted?? by Anonymous on August 11, 2017 @08:40	[ Reply ]

freeze up is definately possible problem if it's blowing warm air. this is common in humid climates and made more probable when users swing thermostat too far too fast OR are turning system on and off thinking they're saving money,...which you're not. ALL that on / off does is promote condensation and mold greowth.

Re: How long til we're evicted?? by Anonymous on August 11, 2017 @08:43	[ Reply ]

freeze up is definately possible problem if it's blowing warm air. this is common in humid climates and made more probable when users swing thermostat too far too fast OR are turning system on and off thinking they're saving money,...which you're not. ALL that on / off does is promote condensation and mold greowth.

Re: How long til we're evicted?? by Anonymous on August 11, 2017 @11:03	[ Reply ]

As of today, send your landlord/management a letter that states that the A/C is not working and they have seven (7) days to to repair the A/C. Under Florida law, they are required to repair/replace, what ever needs to be done to get the A/C working again. With such letter, you are allowed to withhold rent. It will also be a defense for any eviction action from the landlord/management. (you can reference your repair request of 7/29 in your letter) "FS 83.60(1) "The defense of a material noncompliance with s. 83.51(1) may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the landlord, the landlord's representative as designated pursuant to s. 83.50(1), a resident manager, or the person or entity who collects the rent on behalf of the landlord. A material noncompliance with s. 83.51(1) by the landlord is a complete defense to an action for possession based upon nonpayment of rent" Florida statute does not require that the landlord maintain air conditioning, but your local building code may so require, and if the air conditioning was working at move-in, then a judge would expect the landlord/manager to properly maintain it. Repair of the A/C is not a landlord tenant issue, but a contractual issue. Be sure to sent the letter certified mail, so you will have proof that you sent it. On the subject of the landlord/management posting a work order to "Inspect & Make Ready" may be considered retaliation against a tenant for requesting a repair that they have a legal right to request. Retaliation against a tenant is against the law. In fact Florida is moving to made the first offense a misdemeanor and the second offense a felony. That's how serious the problem has become from landlords retaliating against tenants. As of now, the penalty is three times the rent, court cost and attorney fees. Of course there may also be grounds for a Fair Housing complaint too. An attorney or a local legal aide agency can help you.

Re: How long til we're evicted??